When a guardianship is established at the 366.26 Hearing, generally, juvenile court dependency is dismissed because the legal guardian is now the responsible party to meet the needs of the child. In providing services leading up to the guardianship, the social worker has supported the guardian family to function without child welfare services by helping the family to secure and engage in supportive community services, as well as to anticipate future needs of the child. The role of the social worker is minimized by virtue of the legal standing of the guardians.

However, if the non-relative guardian chooses to accept financial assistance through state foster care funds, the case remains open in CWS/CMS as a requirement under Welfare and Institutions Code (WIC) § 11405.

Further, the guardian must cooperate with the development of a written assessment of the child's needs, an update of the assessment at least every six months, the development of a case plan which is to be updated every six months with the assessment, and a contact with the child at least every six months.

Because non-relative guardianship cases now remain open for services-only and a social worker remains on the case, the need for court dependency is further diminished.

Social Workers are instructed to dismiss dependency once guardianship is established for non-relatives, unless there is a specific, identifiable need for continued court intervention. After guardianship is established, approval by a program manager must be obtained to keep dependency.

One circumstance for which continued dependency is required is for the provision of Wraparound services. If Wraparound services would provide needed stability in the guardian family, dependency must continue because it is one of the qualifying criteria for Wraparound services.

When dependency is dismissed, the CWS/CMS case remains open under Voluntary Permanency Planning services.

Updates need to be made in CWS/CMS to the Family Assessment, Case Plans, and Contacts.

Special Care Increments need to be reassessed every six (6) months.

No further entries are required in CWS/CMS for Health and Education Passports.

Guardians may sign for psychotropic medication, so no further entries need to be made for court authorization of psychotropic medication.

Procedures for Non-Relative Guardianships after Dependency is Dismissed

The Social Worker recommends that guardianship be established and dependency be dismissed, unless continued dependency is approved by the supervisor.

After dependency is dismissed in a non-relative guardianship case, the case remains open in CWS/CMS, if the guardians choose to accept state foster care funds. If the non-relative guardians choose not to accept financial assistance, the CWS/CMS case is closed, and no further monitoring is required.

DI legal clerk:

Enters the court results (guardianship established and dependency dismissed) in CWS/CMS.

Social Worker

Completes a Placement/Address Change (SCZ17), Scenario I, after the dependency is dismissed.

Choose "Guardianship established, Non-relative ."

Submits the SCZ17 to the Placement Tracking Team (PTT).

PTT changes the Case Status from Court Involvement to Voluntary and changes the Service Component to Permanency Planning.

Completes a Continuing Comprehensive Assessment Tool (CAT).

Develops a voluntary CWS/CMS case plan with the guardians and child, within 30 days of the dismissal of dependency.

Complete a full CWS/CMS Family Assessment as part of the case plan process.

Services goals and objectives may be limited to one or two objectives if the child is stable in the family, but all areas of concern should be addressed in the case plan.

Updates the Special Care Increment (SCI) authorization, if applicable.

Update the SCI at the time of the Initial Voluntary Case Plan so that updates come due at the same time.

If the child is not receiving an SCI, an assessment of the child to determine if the child meets the criteria for an SCI should be made at each contact with the child.

For a guardianship case in which the child is stable, the social worker might choose under:

Service Objectives:

For “Service Objectives,” the social worker might choose:

Monitor child’s health, safety, and well being

Planned Client Services:

For “Planned Client Services,” the social worker might choose:

“Health/CHDP Services” under Category.

Under “Type”:

HEP – Physical Exam and

HEP – Dental Exam

It is not necessary to enter health and education information in CWS/CMS.

Alternately, Education, Tutoring, Counseling, or Psychotropic Medication Monitoring may be selected under Category for “Planned Client Services” when they are applicable and appropriate to the child’s circumstances.

Services continue for guardian families until the guardianship terminates. The social worker provides referrals as required. Guardian families do not qualify to receive respite care funds, family preservation or out-of-home care services funds, such as recreation, social, or graduation funds.

The child does qualify for Special Care Increments and services through Medi-cal, such as System of Care and Therapeutic Based Services.

Youth are eligible for ILP services up to their 21st birthday provided Guardianship with a non-relative was established after the child was 8-years-old, dependency is dismissed, and the youth continues to receive Permanency Planning services. Please refer to OPP Chapter 6-7: Independent Living-skills Program (ILP) for further information.

Procedures for Non-Relative Guardianships Established in Probate Court Applying for Financial Assistance

When guardianships are established in Probate Court, the guardian family is referred to the Department of Employment and Benefits (DEBS) for a determination of eligibility for funding assistance. If they qualify, the guardians will receive State funding, and a social worker must be assigned to the case to provide ongoing assessments of the child as required under W&IC § 11405.

Eligibility Worker:

Completes the Child Welfare Intake (SCZ 1489A).

Forward the SCZ1489A to ER clerical for case opening.

Emergency Response Clerical

Opens a voluntary PP case in CWS/CMS.

Contacts DI clerical for social worker assignment.

Creates a case file for the new non-relative guardian case.

Forwards the case file to the assigned social worker.

Social Worker

Contacts the guardian family to introduce himself/herself.

Assesses the child.

Completes a Placement/Address Change Form (SCZ17), Scenario D to generate the SOC 158 for payment purposes.

Develops a voluntary CWS/CMS case plan with the guardians and child, within 30 days of case assignment.

Complete a full CWS/CMS Family Assessment as part of the case plan process.

Service goals and objectives may be limited to one or two objectives if the child is stable in the family, but all areas of concern should be addressed in the case plan.

Applies for a Special Care Increment (SCI), if the social worker determines that the child meets the criteria for an SCI.

If the child is not receiving an SCI, an assessment of the child to determine if the child meets the criteria for an SCI should be made at each contact with the child.